A.
Prohibited discharge standards. Discharge standards shall be in accordance with Article V of this chapter.
B.
National Categorical Pretreatment Standards. The categorical
pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts
405 to 471, are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant
in wastewater, the Director may impose equivalent concentration or
mass limits in accordance with 40 CFR 403.6(c).
(2)
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
(3)
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
C.
Local pretreatment standards. The following pollutant
limits are established to protect against pass-through and interference.
No person shall discharge wastewater containing in excess of the following
instantaneous maximum allowable discharge limits:
(1)
Local limits. The below limits apply at the point
where the wastewater is discharged to the POTW. All concentrations
for metallic substances are for "total" metal unless indicated otherwise.
The Director may impose mass limitations in addition to, or in place
of, the concentration-based limitations below.
|
0.7068 mg/l chromium
| |
|
0.0840 mg/l cyanide
| |
|
0.2640 mg/l lead
| |
|
0.3450 mg/l nickel
| |
|
0.0348 mg/l selenium
| |
|
0.8358 mg/l zinc
|
(2)
Screening levels. The following discharge screening levels are established to protect against pass-through and interference. The Director may require an industrial user which exceeds the following screening levels at the point of discharge into the municipal sewer system to conduct periodic sampling and analyses for those parameters which are exceeded. Such sampling and analyses as well as reporting requirements shall be in accordance with § 122-70 of this chapter.
(a)
The Town may establish a local limit for any
of the following parameters to protect the POTW against pass-through
and interference:
|
48.0 mg/l aluminum
| |
|
0.0098 mg/l beryllium
| |
|
0.0281 mg/l cadmium
| |
|
0.0086 mg/l mercury
| |
|
0.0174 mg/l molybdenum
| |
|
163.0 mg/l phenol
|
(b)
The following discharge screening levels are
based upon fume toxicity to public and POTW employee safety and the
integrity of the POTW and collection system:
|
1.19 mg/l acrylonitrile
| |
|
0.14 mg/l benzene
| |
|
0.31 mg/l chlorobenzene
| |
|
0.41 mg/l chloroform
| |
|
2.29 mg/l 1,1-dichloroethane
| |
|
3.60 mg/l 1,2-dichloropropane
| |
|
0.08 mg/l 1,3-dichloropropene
| |
|
1.58 mg/l ethyl benzene
| |
|
0.02 mg/l formaldehyde
| |
|
0.09 mg/l hexachloroethane
| |
|
2.06 mg/l methylene chloride
| |
|
0.68 mg/l toluene
| |
|
0.39 mg/l 1,2,4-trichlorobenzene
| |
|
1.56 mg/l 1,1,1-trichloroethane
| |
|
1.23 mg/l trichlorofluoromethane
| |
|
0.004 mg/l vinyl chloride
|
(3)
Maximum allowable headwork's loading limits.
(a)
The following pollutant limits are established
to protect against pass-through and interference at the POTW. In no
case shall the influent headwork's loading at the POTW exceed the
following limits:
|
0.2280 lb/day arsenic
| |
|
7.784 lb/day copper
| |
|
1.0271 lb/day silver
|
(b)
The Director shall develop maximum allowable
discharge limits for each permitted significant contributing industrial
user and implement them as part of the industrial user's discharge
permit to ensure that these limits are not exceeded. Such discharge
limits shall be calculated utilizing a mass proportion allocation.
(c)
The limits calculated using the above formula
shall be included in each contributing significant industrial user's
discharge permit and shall be applied at the point of discharge into
the public sanitary sewer system. The Director shall apply the more
stringent of the local limit or categorical limit.
D.
Derry's right of revision. Derry reserves the right
to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW.
E.
Dilution. No user shall ever increase the use of the
process water, or in any way attempt to dilute a discharge, as a partial
or complete substitute for adequate treatment to achieve compliance
with a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Director may impose mass
limitation on users which are using dilution to meet applicable pretreatment
standards or requirements or in other cases when the imposition of
mass limitations is appropriate.
A.
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Article V of this chapter within the time limitation specified by the EPA, the state, or the Town of Derry, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Town of Derry under the provisions of this chapter.
B.
Additional pretreatment measures.
(1)
Whenever deemed necessary, the Director may require
users to restrict their discharge during peak flow periods, designate
that certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage waste streams
from industrial waste streams, and impose such other conditions as
may be necessary to protect the POTW and determine the user's compliance
with the requirements of this chapter.
(2)
The Director may require any person discharging into
the POTW to install and maintain, on his property and at his expense,
a suitable storage and flow-control facility to ensure equalization
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
(3)
Grease, oil, and sand interceptors shall be provided
when, in the opinion of the Director, they are necessary for the proper
handling of wastewater containing excessive amounts of grease and
oil or sand. All interception units shall be of a type and capacity
approved by the Director and shall be located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired regularly, as needed, by the user at its expense.
(4)
Users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
C.
Accidental discharge/slug control plans. At least
once every two years, the Director shall evaluate whether each significant
industrial user needs an accidental discharge/slug control plan. The
Director may require any user to develop, submit for approval, and
implement such a plan. Alternatively, the Director may develop such
a plan for any user. An accidental discharge/slug control plan shall
address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine
batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the Town of Derry of any accidental or slug discharge, as required by § 122-70 of this chapter; and
(4)
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
A.
Wastewater analysis. When requested by the Director,
a user must submit information on the nature and characteristics of
its wastewater within 60 days of the request. The Director is authorized
to prepare a form, as detailed in Appendix D,[1] for this purpose and may periodically require users to
update this information.
[1]
Editor's Note: Appendix D is on file in the
office of the Town Clerk.
B.
Industrial user discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater
into the POTW without first obtaining an industrial user discharge
permit from the Town of Derry.
(2)
The Director may require other users to obtain industrial
user discharge permits as necessary to carry out the purposes of this
chapter.
(3)
Any violation of the terms and conditions of an industrial user discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Articles XI and XII of this chapter. Obtaining an industrial user discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
C.
Permit required prior to discharge. Any user required to obtain an industrial user discharge permit under Subsection B which proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection D of this section, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.
D.
Industrial user discharge permit application contents.
All users required to obtain a wastewater discharge permit must submit
a permit application as detailed in Appendix D. The Director may require
all users to submit as part of an application the following information:
(1)
All information required by § 122-70A(2) of this chapter;
(2)
Description of activities, facilities, and plant processes
on the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW;
(3)
Number and type of employees, hours of operation,
and proposed or actual hours of operation;
(4)
Each product produced by type, amount, process or
processes and rate of production;
(5)
Type and amount of raw materials processed (average
and maximum per day);
(6)
Site plans, floor plans, mechanical and plumbing plans,
and details to show all sewers, floor drains, and appurtenances by
size, location, and elevation and all points of discharge;
(7)
Time and duration of discharges; and
(8)
Any other information as may be deemed necessary by
the Director to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
E.
Application signatories and certification. All industrial
user discharge permit applications and user reports must be signed
by an authorized representative of the user and contain the following
certification statement: "I certify under penalty of law that this
document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
F.
Industrial user discharge permit decisions. The Director
will evaluate the data furnished by the user and may require additional
information. Within 60 days of receipt of a complete wastewater discharge
permit application, the Director will determine whether or not to
issue a wastewater discharge permit. The Director may deny any application
for a wastewater discharge permit.
A.
Industrial user discharge permit duration. A wastewater
discharge permit shall be issued for a specified time period, not
to exceed five years, at the discretion of the Director. Each wastewater
discharge permit will indicate a specific date upon which it will
expire.
B.
Industrial user discharge permit contents.
(1)
Wastewater discharge permits must contain:
(a)
A statement that indicates wastewater discharge
permit duration, which in no event shall exceed five years;
(b)
A statement that the wastewater discharge permit is nontransferable without prior notification to the Town of Derry in accordance with Subsection E of this section and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c)
Effluent limits, including best management practices,
based on applicable pretreatment standards;
(d)
Self-monitoring, sampling, reporting, notification,
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency, and sample type based on federal, state, and local law;
and
(e)
A statement of applicable civil and criminal
penalties for violation of pretreatment standards and requirements
and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable federal,
state, or local law.
(2)
Wastewater discharge permits may contain, but need
not be limited to, the following conditions:
(a)
Limits on the average and/or maximum rate of
discharge, time of discharge, and/or requirements for flow regulation
and equalization;
(b)
Requirements for the installation of pretreatment
technology, pollution control, or construction of appropriate containment
devices designed to reduce, eliminate, or prevent the introduction
of pollutants into the treatment works;
(c)
Requirements for the development and implementation
of spill-control plans or other special conditions, including management
practices necessary to adequately prevent accidental, unanticipated,
or nonroutine discharges;
(d)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW;
(e)
The unit charge or schedule of user charges
and fees for the management of wastewater discharged to the POTW;
(f)
Requirements for installation and maintenance
of inspection and sampling facilities and equipment;
(g)
A statement that compliance with the wastewater
discharge permit does not relieve the permittee of responsibility
for compliance with all applicable federal and state pretreatment
standards, including those which become effective during the term
of the wastewater discharge permit; and
(h)
Other conditions as deemed appropriate by the
Director to ensure compliance with this chapter and state and federal
laws, rules, and regulations.
C.
Wastewater discharge permit appeals. The Town of Derry
shall provide public notice of the issuance of a wastewater discharge
permit. Any person, including the user, may petition the Town of Derry
to reconsider the terms of a wastewater discharge permit within 30
days of notice of its issuance.
(1)
Failure to submit a timely petition for review shall
be deemed to be a waiver of administrative appeal.
(2)
In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection, and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
(3)
The effectiveness of the wastewater discharge permit
shall not be stayed pending the appeal.
(4)
If the Town of Derry fails to act within 30 days,
a request for reconsideration shall be deemed to be denied. Decisions
not to reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
(5)
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Superior Court for Rockingham County as
is provided for appeals in RSA 677:2 to 677:14 inclusive.
D.
Wastewater discharge permit modification. The Director
may modify a wastewater discharge permit for good cause, including
but not limited to the following reasons:
(1)
To incorporate any new or revised federal, state,
or local pretreatment standards or requirements;
(2)
To address significant alterations or additions to
the user's operation, processes, or wastewater volume or character
since the time of wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge
poses a threat to the Town of Derry's POTW, Derry personnel, or the
receiving waters;
(5)
Violation on any terms or conditions of the wastewater
discharge permit;
(6)
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
(7)
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater
discharge permit;
(9)
To reflect a transfer of the facility ownership or
operation to a new owner or operator; or
(10)
Upon request of the permittee, provided such
request does not create a violation of any applicable requirements,
standard, laws or rules and regulations.
E.
Industrial user discharge permit transfer. Wastewater
discharge permits may be transferred to a new owner or operator only
if the permittee gives at least 60 days' advance notice to the Director
and the Town Administrator approves the wastewater discharge permit
transfer.
F.
Industrial user discharge permit revocation.
(1)
The Director may revoke a wastewater discharge permit
for good cause, including but not limited to the following reasons:
(a)
Failure to notify the Director of significant
changes to the wastewater prior to the changed discharge;
(b)
Failure to provide prior notification to the Director of changed conditions pursuant to § 122-70E of this chapter;
(c)
Misrepresentation or failure to fully disclose
all relevant facts in the wastewater discharge permit application;
(d)
Falsifying self-monitoring reports;
(e)
Tampering with monitoring equipment;
(f)
Refusing to allow the Director timely access
to the facility premises and records;
(g)
Failure to meet effluent limitations;
(h)
Failure to pay fines;
(i)
Failure to pay sewer charges;
(j)
Failure to meet compliance schedules;
(k)
Failure to complete a wastewater survey or the
wastewater discharge permit application;
(l)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility; or
(m)
Violation of any pretreatment standard or requirement
or any terms of the wastewater discharge permit or this chapter; or
(2)
Wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All wastewater
discharge permits issued to a particular user are void upon the issuance
of a new wastewater discharge permit to that user.
G.
Industrial user discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 122-68D of this chapter, a minimum of 60 days prior to the expiration of the user's existing wastewater discharge permit.
H.
Regulation of waste received from other jurisdictions.
(1)
If another municipality, or a user located within
another municipality, contributes wastewater to the POTW, the Town
of Derry shall enter into an intermunicipal agreement with the contributing
municipality. The Town of Derry currently has intermunicipal agreements
with the Town of Londonderry and Litchfield, New Hampshire. These
agreements are hereby incorporated into this chapter and included
in Appendix C.[1]
[1]
Editor's Note: Appendix C is on file in the
office of the Town Clerk.
(2)
Prior to entering into an agreement required by Subsection H(1) above, the Town of Derry shall request the following information from the contributing municipality:
(3)
An intermunicipal agreement, as required by Subsection H(1) above, shall contain the following conditions:
(a)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 122-66C of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Town of Derry's ordinance or local limits;
(b)
A requirement for the contributing municipality
to submit a revised user inventory on at least an annual basis;
(c)
A provision specifying which pretreatment implementation
activities, including wastewater discharge permit issuance, inspection
and sampling, and enforcement, will be conducted by the Town of Derry
and which of these activities will be conducted jointly by the contributing
municipality and the Town of Derry;
(d)
A requirement for the contributing municipality
to provide the Town of Derry with access to all information that the
contributing municipality obtains as part of its pretreatment activities;
(e)
Limits on the nature, quality, and volume of
the contributing municipality's wastewater at the point where it discharges
to the POTW;
(f)
Requirements for monitoring the contributing
municipality's discharge;
(g)
A provision ensuring the Town of Derry access
to the facilities of users located within the contributing municipality's
jurisdictional boundaries for the purpose of inspection, sampling,
and any other duties deemed necessary by the Town of Derry; and
(h)
A provision specifying remedies available for
breach of the terms of the intermunicipal agreement.
A.
Baseline monitoring reports.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users subject to categorical pretreatment standards currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in Subsection A(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information
set forth below:
(a)
Identifying information. The name and address
of the facility, including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental
control permits held by or for the facility.
(c)
Description of operations. A brief description
of the nature, average rate of production, and standard industrial
classifications of the operation(s) carried out by such user. This
description should include a schematic process diagram which indicates
points of discharge to the POTW from the regulated processes.
(d)
Flow measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams as necessary to allow
use of the combined waste stream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants.
[1]
The categorical pretreatment standards apply
to each regulated process.
[2]
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. In cases where the standard requires compliance with a BMP, the user shall submit documentation to determine compliance with the standard. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Subsection J of this section.
(f)
Certification. A statement, reviewed by the
user's authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standard and requirements.
(g)
Compliance schedule. If additional pretreatment
and/or O&M will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional
pretreatment and/or O&M and/or additional pretreatment is required
to meet the pretreatment standard and requirements.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection A(2)(g) of this section:
(1)
The schedule shall contain progress increments in
the form of dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning
and conducting routine operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the Director
no later than 14 days following each date in the schedule and the
final date of compliance, including, as a minimum, whether or not
it complied with the increment of progress, the reason for any delay
and, if appropriate, the steps being taken by the user to return to
the established schedule; and
(4)
In no event shall more than nine months elapse between
such progress reports to the Director.
C.
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in the Subsection A(2)(d) to (f) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 122-68E of this chapter.
D.
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by the Director, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. If BMPs are required under the permit as a local limit, users must submit documentation demonstrating compliance status of the user. All periodic compliance reports must be signed and certified in accordance with § 122-68E of this chapter.
(2)
All wastewater samples must be representative of the
user's discharge. Wastewater monitoring and flow measurement facilities
shall be properly operated, kept clean, and maintained in good working
order at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
E.
Reports of changed conditions. Each user must notify
the Director of any planned significant changes to the user's operations
or system which might alter the nature, quality, or volume of its
wastewater at least 90 days before the change.
(1)
The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 122-68D of this chapter.
(3)
For purposes of this requirement, significant changes
include, but are not limited to, flow increases of 20% or greater
and the discharge of any previously unreported pollutants.
F.
Reports of potential problems.
(1)
In the case of any discharge, including but not limited
to accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge, or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify
the Town of Derry of the incident. This notification shall include
the location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user. The user shall
notify the POTW during regular work hours of the POTW and notify the
Derry Fire Department during off hours, weekends and holidays.
(2)
Within five days following such discharge, the user
shall, unless waived by the Director, submit a detailed written report
describing the cause(s) of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the POTW,
natural resources, or any other damage to person or property, nor
shall such notification relieve the user of any fines, penalties,
or other liability which may be imposed pursuant to this chapter.
(3)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required
to obtain a wastewater discharge permit shall provide appropriate
reports to the Director as the Director may require.
H.
Notice of violation; repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must
notify the Director within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the Director within 30 days after
becoming aware of the violation. The user is not required to resample
if the Director monitors at the user's facility at least once a month
or if the Director samples between the user's initial sampling and
when the user receives the results of this sampling.
I.
Discharge of hazardous waste. The discharge of a substance
which, if otherwise disposed of, would be hazardous waste under 40
CFR 261 into the Derry POTW or the collection system is strictly prohibited.
J.
Analytical requirements. All pollutant analyses, including
sampling techniques, to be submitted as part of a wastewater discharge
permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR 136. If 40 CFR 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by the EPA.
K.
Sample collection.
(1)
Except as indicated in Subsection I(2) below, the
user must collect wastewater samples using flow proportional composite
collection techniques. In the event flow proportional sampling is
unfeasible, the Director may authorize the use of time proportional
sampling or a minimum of four grab samples where the user demonstrates
that this will provide a representative sample of the effluent being
discharged. In addition, grab samples may be required to show compliance
with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
L.
Timing. Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
M.
Recordkeeping. Users subject to the reporting requirements
of this chapter shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any monitoring
activities required by this chapter, including documentation associated
with BMPs, and any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements. Records shall include the date, exact place, method,
and time of sampling and the name of the person(s) taking the samples,
the analytical techniques or methods used and the results of such
analyses. These records shall remain available for a period of at
least five years. This period shall be automatically extended for
the duration of any litigation concerning the user or the Town of
Derry or where the user has been specifically notified of a longer
period by the Director.
A.
Right of entry; inspection and sampling. The Director
or his designated representative shall have the right to enter the
premises of any user to determine whether the user is complying with
all requirements of this chapter and any wastewater discharge permit
or order issued hereunder. Users shall allow the Director or his designated
representative ready access to all parts of the premises for the purposes
of inspection, sampling, records examination and copying, and the
performance of any additional duties.
(1)
Where a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the
Director or his designated representative will be permitted to enter
without delay for the purposes of performing specific responsibilities.
(2)
The Director or his designated representative (including
a private laboratory contracted by the Town of Derry) shall have the
right to set up on the user's property, or require installation of,
such devices as are necessary to conduct sampling and/or metering
of the user's operations.
(3)
The Director may require the user to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated semiannually to ensure their
accuracy.
(4)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the user at the written or verbal request of the
Director and shall not be replaced. The costs of clearing such access
shall be borne by the user.
(5)
Unreasonable delays in allowing the Director or his
designated representative access to the user's premises shall be a
violation of this chapter.
B.
Search warrants. If the Director has been refused
access to a building, structure, or property or any part thereof and
is able to demonstrate probable cause to believe that there may be
a violation of this chapter or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the
Town of Derry designed to verify compliance with this chapter or any
permit or order issued hereunder, or to protect the overall public
health, safety, and welfare of the community, then the Director may
seek issuance of a search warrant from the District Court of the Town
of Derry.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits, and monitoring programs, and from the Director's
inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is
able to demonstrate to the satisfaction of the Director, that the
release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable state law, including but not limited to RSA 91-A:5. Any
such request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the industrial user furnishing
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data
as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
The Director shall publish annually, in a newspaper
of general circulation providing meaningful public notice and published
within the jurisdiction(s) of the POTW, a list of the users which,
during the previous 12 months, were in significant noncompliance with
applicable pretreatment standards and requirements. The term "significant
noncompliance" shall mean:
A.
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all of the wastewater
measurements taken during a six-month period exceed a numeric pretreatment
standard or requirement, including instantaneous limits for the same
pollutant parameter by any amount;
B.
Technical review criteria (TRC) violations, defined
here as those in which 33% or more of wastewater measurements taken
for the same pollutant parameter during a six-month period equal or
exceed the product of the numeric pretreatment standard or requirement,
including instantaneous limits multiplied by the applicable TRC criteria
(1.4 for BOD, TSS, fats, oils, and grease and 1.2 for all other pollutants
except pH);
C.
Any other discharge violation of a pretreatment standard
or requirement (daily maximum, long-term average, instantaneous limit,
or narrative standard) that the Director believes has caused, alone
or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public;
D.
Any discharge of pollutants that has caused imminent
endangerment to human health, welfare, or the environment or has resulted
in the Director's exercise of his emergency authority to halt or prevent
such a discharge;
E.
Failure to meet, within 90 days of the scheduled date,
a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
F.
Failure to provide, within 45 days after the due date,
any required reports, including baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports, and reports
on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include violation
of BMPs, which the Director determines will adversely affect the operation
or implementation of the local pretreatment program.
The Town of Derry may adopt reasonable fees
for reimbursement of costs of setting up and operating the Town's
industrial pretreatment program which may include:
A.
Fees for wastewater discharge permit applications,
including the cost of processing such applications;
B.
Fees for monitoring, inspection, and surveillance
procedures, including the cost of collecting and analyzing a user's
discharge, and reviewing monitoring reports submitted by users;
C.
Fees for reviewing and responding to accidental discharge
procedures and construction;
D.
Fees for filing appeals; and
E.
Other fees as the Town of Derry may deem necessary
to carry out the requirements contained herein. These fees relate
solely to the matters covered by this chapter and are separate from
all other fees, fines, and penalties chargeable by the Town of Derry.
